[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Rules and Regulations]
[Page 45564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21297]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 09100091344-9056-02]
RIN 0648-XR40


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 610 in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for pollock in 
Statistical Area 610 in the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the C season allowance of the 2009 total 
allowable catch (TAC) of pollock for Statistical Area 610 in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 31, 2009, 
through 1200 hrs, A.l.t., October 1, 2009.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing 
fishing by U.S. vessels in accordance with the FMP appear at subpart H 
of 50 CFR part 600 and 50 CFR part 679.
    The C season allowance of the 2009 TAC of pollock in Statistical 
Area 610 of the GOA is 4,391 metric tons (mt) as established by the 
final 2009 and 2010 harvest specifications for groundfish of the GOA 
(74 FR 7333, February 17, 2009). In accordance with Sec.  
679.20(a)(5)(iv)(B) the Administrator, Alaska Region, NMFS (Regional 
Administrator), hereby decreases the C season pollock allowance by 240 
mt to reflect the total amount of pollock TAC that has been caught 
prior to the C season in Statistical Area 610. Therefore, the revised C 
season allowance of the pollock TAC in Statistical Area 610 is 4,151 mt 
(4,391 mt minus 240 mt).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator has determined that the C season allowance of the 2009 
TAC of pollock in Statistical Area 610 of the GOA will soon be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 4,141 mt, and is setting aside the remaining 10 mt 
as bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for pollock in 
Statistical Area 610 of the GOA.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the closure of pollock in Statistical Area 610 of the GOA. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
August 28, 2009.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 31, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-21297 Filed 8-31-09; 4:15 pm]
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